H1B Visa Lawyer BlogList of some of the Top News Stories from the last month related to Immigration:
Jurist (jurist.org), 11/14/17, Written by O’Hara Hamlin:
Federal appeals court allows partial implementation of travel ban
BALCA En Banc Panel Says Proof of Job Order Publication Is Not Required
The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Tile Setter.”
After obtaining & examining an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification ordering the Employer to submit copies of its State Workforce Agency (SWA) job order. This included a copy of the job order placed with the SWA serving the area of intended employment downloaded from the SWA Internet job listing site, a copy of the job order provided by the SWA, or other proof of publication from the SWA containing the content of the job order. The Employer replied to the Audit by providing a photocopy of a completed “Employer Job Order Information Sheet” from VaEmploy.Com.
The CO denied the labor certification citing the Employer’s failure to provide proof of publication of the job order from the SWA containing the content of the job order. He believed the copy of the VaEmploy.Com sheet did not indicate the ultimate content of the SWA job order. In addition, the CO thought the “Order Information” sheet did not prove the SWA published the job order. He cited PERM regulation 20CFR 656.20(b) as the governing source of his denial. PERM regulations require “an employer filing for permanent labor certification to place a job order with the State Workforce Agency (SWA) serving the area of intended employment” for a period of 30 days.
H-2B Cap Count UPDATE – 11/14/17
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.
The H-2B cap limit for first half of FY 2018 (October 1 – March 31) is 33,000. As of the last count (11/14/17); 15,213 beneficiaries have been approved and 3,453 are pending for a total of 18,666.
The H-2B cap limit for second half of FY 2018 (April 1 – September 30) is 33,000. As of the last count (11/14/17); 0 beneficiaries have been approved and 0 are pending for a total of 0.
MVP LAW GROUP – Immigration Q&A Forum, Friday, November 24, 2017
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
Question #1 – Green Card
If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?
Revised – Updated Service Center Processing Times (9/30/17)
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 11/9/17 with processing dates as of 9/30/17.
If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.
MVP Immigration Newsletter – October 2017
Once a month, MVP Law Groups’ Managing Attorney, Kellie N. Lego publishes an electronic Immigration Newsletter. This emailed newsletter features current articles, relevant data and up-to-date information about U.S. Immigration. We invite you to join our mailing list.
Current Newsletter: MVP Immigration Newsletter – October 2017
Follow link to join: Join our mailing list!
MVP “Immigration Q & A Forum” – This Friday, Nov. 24, 2017
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.
If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.
Our next “Q & A Forum” will take place this Friday, November 24, 2017. Act now and submit your questions!
Updated Service Center Processing Times (9/30/17)
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 11/7/17 with processing dates as of 9/30/17.
If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.
Status of the Central American Minors Program – CANCELED
As of November 9, 2017, the Department of State (DOS) has stopped accepting new Central American Minors (CAM) refugee program applicants and the USCIS will stop interviewing as of January 31, 2018. They stated in the USCIS News Alert, “Status of the Central American Minors Program“, that individual applicants with pending applications and who have not been interviewed by the final date will receive a notice with further instructions. We are not sure what that last sentence really means!
Background:
The CAM program was established in 2014 to provide certain minors in El Salvador, Guatemala, and Honduras the opportunity to be considered, while still in their home country, for refugee resettlement in the United States. Individuals who were determined to be ineligible for refugee status were then considered by USCIS for the possibility of entering the United States under parole. The parole portion of the CAM program was terminated in August 2017.*
Revised – Updated Service Center Processing Times (8/31/17)
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 10/31/17 with processing dates as of 8/31/17.
If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.